Gagan Sen vs Pappu Koushal
2021 Latest Caselaw 7643 MP

                                  1                             CRR-2445-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2445 of 2021
                          (GAGAN SEN Vs PAPPU KOUSHAL)

2
Jabalpur, Dated : 22-11-2021
       Shri Anuj Pathak, Advocate for the applicant.
       Shri Ramanuj Choubey, Advocate for the respondent.

Heard on admission.

Admit.

Record of the Court below is received.

Also heard on I.A.No.19320/2021 filed on behalf of the applicant for suspension of jail sentence and grant of bail.

T h e revision has been preferred under Sections 397/401 of the Cr.P.C.,1973 by the applicant against impugned judgment dated 06.08.2021 in Cr.A.No.37/2021 passed by First Addl. Sessions Judge Sehore, District Sehore (M.P)., arising out of the judgment and findings dated 05.04.2021 passed by JMFC Sehore, District Sehore in Criminal Case. No.729/2018 and convicted the applicant for the offence punishable under Section 138 of the Negotiable Instrument Act and has been sentenced to undergo R.I. for four

months and awarding the compensation of a sum of Rs.1,80,000/- under Section 357 (3) of the Cr.P.C. with default stipulation.

It is submitted by the applicant that the applicant is in custody since two months. He is sanguine to succeed in the case. Disposal of the revision will take time and the applicant is ready to deposit 50% of awarded amount by the courts below. Hence, the applicant be released on bail by suspending the jail sentence.

Having considered the contentions of learned counsel for the applicant and on perusal of the record, IA is allowed. It is directed that subject to depositing 50% of the awarded compensation amount by the applicant, the execution of remaining jail sentence of applicant/accused Gagan Sen shall remain suspended during the pendency of this revision and he be released on 2 CRR-2445-2021 bail on his furnishing a personal bond for a sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 15.02.2022 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.

It is also made clear that on deposit of the aforesaid compensation

amount, the complainant will be entitled to withdraw the said amount subject to furnish security to the effect that if the outcome of the revision petition comes contrary to him, he will repay the aforesaid amount.

In case, applicant is found absent on any date fixed by the trial court, then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

The revision be listed for final hearing in due course as per listing policy.

Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.11.23 10:37:20 IST